Attisha Enterprises Inc. v. Capital One Bank

| PILEQ [ FEB 9 mo Tenner nen EP UT Y ; 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 10 || ATTISHA ENTERPRISES, INC., a Case No.: 3:20-cv-01366-BEN-RBB || Corporation, Plaintiff, OiSMIGS MOTION TO

13 || CAPITAL ONE, N.A., [ECE No. 13] Defendant. This matter comes before the Court on Defendant Capital One, N.A.’s (“Capital 17 || One”) Motion to Dismiss the First Amended Complaint (“FAC”) filed by Plaintiff 18 || Attisha Enterprises, Inc. (“Attisha Enterprises”). As set forth below, the Motion to 19 || Dismiss is DENIED. BACKGROUND! On December 7, 2020, the Court issued an Order granting Capital One’s Motion to Dismiss Attisha Enterprises’ Complaint. See ECF No. 11. However, the Court granted 23 || Attisha Enterprises leave to amend its Complaint, and Attisha Enterprises filed its FAC ||on December 21, 2020. ECF No. 12. The FAC brings only two claims…